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One of the most confusing areas of the law is copyright. There are misconceptions about ownership, creation, registration and protection. In that I teach a music business class that discusses this subject extensively, I thought I would write a series of blogs to hopefully shed some light on the subject.

The first question - How do you know when you have a copyright in your work? The second question - Do you have to register your work/creation with the copyright office to establish a claim of copyright?

To answer the first question: copyright attaches the moment the creation or work is manifest into a tangible format that can be communicated to others. In legal terms, copyright protects original works of authorship that are fixed in a tangible medium of expression. Therefore, registration with the Federal Copyright Office is not required to establish a copyright. One just needs commit the work to a tangible medium, such as, paper, tape/digital audio, canvas, computer file etc.

There are, however, definite advantages to registering your work:

As a U.S. copyright owner, you must register in order to be able to bring suit in federal court for infringement.

Registration is a pre-requisite for obtaining statutory damages and attorneys' fees.

It is easier to enforce your copyrights in foreign courts.

Registration puts others on notice.

It is easier to license work, collect royalties, and enforce your rights outside of court.

So, in answer to question 2 - while registration is not required to establish a copyright in your work, it is necessary to protect your ownership. I hope this brief explanation provides you with a better understanding of copyright. Of course, if you have any questions regarding copyright, or need help in registering your creative work, don't hesitate to give our office a call.

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Author

Stephen Owen Summer has been practicing law in Austin and surrounding areas for over 15 years. Stephen took an nontraditional route to becoming a lawyer, first carving out a career as a highly regarded jazz musician before returning to school. This unique and diverse background allows Stephen to approach law with a creative and fresh perspective.

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